Current status: Answered by Angela Constance on 10 March 2025
To ask the Scottish Government how many people on remand and awaiting a court date have been held in prison due to a lack of safe and adequate housing provision in each of the last five years.
The information requested is not held centrally. Decisions on whether or not to grant bail are for the independent courts based on the individual facts and circumstances of each case. As set out in the Criminal Procedure (Scotland) Act 1995, in any given case, bail may, subject to very limited exceptions, only be refused where the court determines there is good reason to do so having regard to a list of specific grounds and the wider public interest.
The bail reforms in Part 1 of the Bail and Release from Custody (Scotland) Act 2023 will be brought into force on 14 May 2025. This includes a new duty on the court to state the grounds on which it determines that there is good reason for refusing bail in accordance with the new bail test and have those grounds added to the record of proceedings. This will help improve understanding over time regarding the use of remand.
Local authorities are obliged by law to offer advice and assistance to people who are at risk or who are experiencing homelessness, and temporary accommodation if it is needed.